minority leader mitch mcconnell is aghast at such a ploy claiming he's breaking the rules to change the rules. of course in 2005 when mcconnell was considering the same thing over president bush's judicial nominees, it was minority leader reid's turn to be aghast. therein lies the real issue. the party in power wants the ability to exercise power. but the american people want action. at the table steven spalding, staff counsel for common cause, a group suing the nat to have the filibuster declared unconstitutional. tara wall, dorian warren and lawyer and nbc latino contributor, raul reyes. >> all right, steven, how could it be unconstitutional? >> the constitution does say each chamber can set its own rules. we think the senate should be able to do that with a majority belief. contemporary to popular belief, the 11th amendment was thou shalt need 60 votes to pass a bill. if you go back to the founding, the founders in the federalist papers said they considered a super majority requirement and rejected it. they said to have a super majority requirement could be used by a corrupt hunt a t